Digest: R v Ward, 2018 SKPC 64

• Date: November 18, 2019

Reported as: 2018 SKPC 64

Docket Number: 90131842 , PC18060

Court: Provincial Court

Date: 2019-11-18

Judges:

• Snell

Subjects:

• Criminal Law � Evidence � Identity

Digest: The accused was charged with stealing money while armed with an imitation firearm contrary to s. 344(1)(b) of the Criminal Code. While wearing a mask, the accused robbed an employee of a hotel of $7,500. The robbery was witnessed by another employee and the owner of the hotel. The employee testified that he recognized the accused�s voice because he had been a customer and had spoken with him numerous times, but did not know his name. The owner also believed that she recognized the accused�s voice. They were able to find a picture of the accused on Facebook and obtained his name. The Crown called a witness who had been living with the accused at the time of the robbery. She was reluctant to testify and had to be arrested to do so. She said that she drove the accused to Regina on the night of the robbery but before they left, the accused left the car for a few minutes, during which time he could have committed the crime. She also said that the accused had thrown clothing out of the car window while they were driving and when the police found some clothing at that spot, the witness identified one of the items recovered as similar to that owned by the accused. On cross-examination, she also said that the accused told her about the robbery. The items of clothing did not bear traces of the accused�s DNA. The issue was whether the accused had been properly identified as the person responsible for the robbery.
HELD: The accused was found guilty. Although there were frailties in the evidence, when viewed in its totality, the Crown had proved beyond a reasonable doubt that the accused was the person who committed the robbery.

Federal Statutes Considered:

• Canada Evidence Act, RSC 1985, c...